Investment Arbitration and Climate Change

Author: Anja Ipp; Annette Magnusson
Publisher: Kluwer Law International
ISBN: 9789403542072
Published In: December 2023
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
About this book:

Investment Arbitration and Climate Change is a comprehensive elaboration wherein stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered liability claims under the investor-protection provisions of bilateral and multilateral investment treaties.

What’s in this book:

Every contribution of this book furnishes a penetrating perspective on this complex matter, elucidating the following aspects:
- investment disputes arising from States’ climate measures or actions;
- whether and how states can file counterclaims against investors in such disputes;
- the appropriate role for climate science at various stages of arbitration;
- how to assess damages in cases involving fossil assets left stranded by the climate transition; and
- whether existing international investment law supports or hinders the global energy transition, on balance.
How this will help you:

Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes using investment-treaty case law and international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties to avoid claims by foreign investors.

For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of balancing treaty-based investment protection against states’ inherent duty to regulate in the public interest.
Editors

Contributors

Foreword

Introduction

Anja Ipp & Annette Magnusson

PART I

Types of Disputes

CHAPTER 1

Types of State Action Leading to Climate-Related Investor Claims

Beata Gessel-Kalinowska vel Kalisz, Maja Frontczak & Piotr Paprota

CHAPTER 2

Carbon Markets, Emissions Trading, and Investor-State Disputes

Marisa Martin & Paul Barker

CHAPTER 3

International Commercial Arbitration and Investment Agreements Involving States

Wendy Miles KC

PART II

Procedural Issues

CHAPTER 4

Climate Science: A Role to Play at Every Stage of Investment Arbitration?

Caline Mouawad & Gretta Walters

CHAPTER 5

Climate-Related Counterclaims in International Investment Arbitration

Maxi Scherer & Clara Reichenbach

CHAPTER 6

Valuation of Compensation in Fossil Fuel Phase-Out Disputes

Oliver Hailes

PART III

States’ Right to Regulate

CHAPTER 7

Regulating for Climate Change Without Breaching Investment Treaties

Manish Aggarwal & Ridhi Kabra

CHAPTER 8

Investor-State Disputes, the Climate Emergency, and the Duty to Regulate Fossil Fuels: A Human Rights Perspective

Helionor de Anzizu & Nikki Reisch

CHAPTER 9

Reconciling Human Rights and Investor Rights: The Case of Climate Change

Suzanne Spears

PART IV

Investment Treaties and Energy Transition

CHAPTER 10

The Energy Charter Treaty: A Friend or Foe of Decarbonisation?

Patrick W. Pearsall, David Ingle & Gary Smadja

CHAPTER 11

The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments

Ladan Mehranvar & Lisa Sachs